HB 1338 - AS INTRODUCED
2024 SESSION
24-2123
09/08
HOUSE BILL 1338
AN ACT relative to New Hampshire's enforcement of the Military Selective Service Act.
SPONSORS: Rep. T. Mannion, Hills. 1; Rep. Wheeler, Hills. 33; Rep. Read, Rock. 10; Rep. Phillips, Rock. 7; Rep. Noble, Hills. 2; Rep. D. Kelley, Hills. 32; Rep. Granger, Straf. 2; Rep. Coulon, Graf. 5
COMMITTEE: State-Federal Relations and Veterans Affairs
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ANALYSIS
This bill prohibits state or local enforcement of the Military Selective Service Act except in times of foreign military invasion or declared war. This bill further repeals the state penalty provisions for lack of compliance with the Military Selective Service Act, and allows for the marking of "conscientious objector" when registering with the division of motor vehicles.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2123
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to New Hampshire's enforcement of the Military Selective Service Act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Government Actions Relating to the Military Selective Service Act. Amend RSA by inserting after chapter 110-E the following new chapter:
CHAPTER 110-F
GOVERNMENT ACTIONS RELATING TO THE MILITARY SELECTIVE SERVICE ACT
110-F:1 Government Action Relating to the Military Selective Service Act.
I. Pursuant to the general court's authority under Part II, Article 5 of the New Hampshire constitution, the state of New Hampshire, a political subdivision of this state, or any person acting under the color of state, county, or municipal law shall be prohibited from using any personnel or financial resources to enforce, administer, or cooperate with any law, act, rule, order, or regulation of the United States government or Executive Order of the President of the United States regarding locating, apprehending, detaining, or transporting any individual whom the federal government is seeking to locate, apprehend, detain, or transport, solely for lack of compliance with registration or conscription pursuant to the Military Selective Service Act, 50 U.S.C. app. section 451 et seq., as amended.
II. Paragraph I shall not apply if the United States has been invaded by a foreign military or if war has been declared by the United States Congress pursuant to Article 1, Section 8 of the United States Constitution.
110-F:2 Application. Nothing in this chapter shall prohibit a government actor's entering of registrations with the Selective Service System as authorized by RSA 263:5-c.
2 Drivers' Licenses; Issuance of Licenses; Compliance with Federal Selective Service Requirements. Amend RSA 263:5-c, II to read as follows:
II. The application form for a driver's license or driver's license renewal shall include a box to check off if the applicant is 18 years of age and wishes to authorize the department to submit the necessary information to the Selective Service System to register the applicant with the Selective Service System in compliance with federal law. The applicant shall not be required to provide his social security number for Selective Service registration purposes. The department shall not release any information pursuant to this section unless the Selective Service System has provided assurance to the department that the Selective Service System shall not transfer to any non-governmental agency any information which the applicant submitted to the department for registration purposes. The application form shall include a check box to indicate that the applicant is a ‘conscientious objector’, to be likewise submitted to the Selective Service System. If the Selective Service System is unable or unwilling to receive such information then no information regarding such persons being conscientious objectors, including identifying information, shall be transmitted to the Selective Service System.
3 Repeal. RSA 187-A:38 through 187-A:41, relative to Selective Service registration and compliance, is repealed.
4 Effective Date. This act shall take effect 60 days after its passage.
| Date | Amendment |
|---|---|
| Jan. 22, 2024 | 2024-0214h |
| Date | Body | Type |
|---|---|---|
| Jan. 12, 2024 | House | Hearing |
| Jan. 19, 2024 | House | Exec Session |
| Jan. 19, 2024 | House | Floor Vote |
Feb. 1, 2024: Inexpedient to Legislate: MA RC 266-101 02/01/2024 HJ 3 P. 37
Jan. 24, 2024: Minority Committee Report: Ought to Pass
Jan. 24, 2024: Majority Committee Report: Inexpedient to Legislate 01/19/2024 (Vote 14-6; RC) HC 4 P. 16
Jan. 9, 2024: Executive Session: 01/19/2024 02:00 pm LOB 206-208
Jan. 5, 2024: Public Hearing: 01/12/2024 01:30 pm LOB 206-208
Dec. 6, 2023: Introduced 01/03/2024 and referred to State-Federal Relations and Veterans Affairs HJ 1 P. 16